what kinds of cases are taken to county attorney

County attorneys handle many types of cases: DUI, domestic violence, child abuse, all juvenile crime, traffic violations, misdemeanor theft, and assaults, in other words, every criminal case and misdemeanor that is heard in district court. How does the county attorney’s role in juvenile court differ from that in district court?

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What types of cases do civil courts handle?

County attorneys handle many types of cases: DUI, domestic violence, child abuse, all juvenile crime, traffic violations, misdemeanor theft, and assaults, in other words, every criminal case and misdemeanor that is heard in district court.

What crimes does the county attorney's office prosecute?

The county attorney primarily prosecutes felony crimes (crimes which carry a maximum penalty of more than one year in prison) which occur within a county. Examples of these crimes include murder, sexual assault, drug offenses, serious property offenses, and child abuse.

What kind of cases are handled in Family Court?

The probate division handles the following types of cases: Actions arising under the Illinois Power of Attorney Act. Administration of estates of decedents, disabled persons, minors and wards. Claims against estates. Contracts to make a will. Probate and contest of wills. Will constructions.

What are the different types of cases?

Jan 22, 2010 · Types of courts, cases heard, and who represents prosecution and defense . Table 1 includes information on the different courts in South Carolina that address crimes, types of cases heard by each court and who represents the prosecution and …

In what types of cases are you guaranteed a lawyer?

The Constitution guarantees free legal help for people who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer. If you find yourself in this situation, request the appointment of a public defender when you first appear in court.

What types of cases do prosecutors handle?

Prosecutors do more than file charges based on police reports of crimes that have been committed. Often, they actively participate in the investigation of past or ongoing crimes, particularly in cases involving business fraud, public corruption, and organized crime (including drug rings).Sep 24, 2021

What does district attorney do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

What happens when a case goes to the States attorney?

Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

How powerful is a district attorney?

The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

Which three responsibilities would be undertaken by the district attorneys office in criminal law cases?

Role & Duties of a District AttorneyConduct a Grand Jury Investigation. The prosecution of a crime begins well before the perpetrator is ever charged. ... Decide Whether to Prosecute. ... Investigate Evidence. ... Offer Plea Bargains. ... Conduct Trials. ... Litigate Appeals.

Do district attorneys carry guns?

Although federal law allows prosecutors to carry weapons, federal policy stops prosecutors from taking personal guns to their offices, Cornyn said.Apr 4, 2013

Why must the county attorney represent the state in county jurisdiction?

The county attorney represents the state in the justice of the peace and county courts, defends suits in which the county is interested, and serves as legal advisor to county and precinct officials. If the county has no district attorney, the county attorney also represents the state in district courts.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What are the four major criminal law defenses?

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What is the job of a county attorney?

The most obvious responsibility is the prosecution of all violations of criminal law within the jurisdiction of the district court ; that includes all misdemeanors, such as DUI offenses, other traffic violations, assault, and theft of less than $300.

How long does it take to become a county attorney in Kentucky?

County attorneys are elected in their counties of residence every four years. To become a county attorney in Kentucky, a person must be at least 24 years of age , is required to be a citizen of Kentucky, must have been a resident of the state for two years, and must reside in the county for which he or she serves, one year prior to the election. ...

How long is a domestic violence order good for?

The order is good for 14 days, and a hearing must be scheduled during that time. If the court finds enough evidence of abuse, it may issue a domestic violence order or take other action to prevent future violence. The order is good for up to three years.

What is juvenile court?

Juvenile cases are broken down into three categories: status, dependence, and criminal. These cases are heard in a separate division of district court, which is usually referred to as juvenile court.

What happens if you remove a child from your home?

If removal is permanent, it may mean the termination of parental rights. Criminal offenses are juvenile crime cases that are tried in district court and are prosecuted by the county attorney.

What is the difference between juvenile and adult court?

There are a few differences between juvenile and adult court. There is no trial by jury available in juvenile criminal court cases and the terminology is different. “Sentences” are called “dispositions,” and “trials” are called “adjudications” in juvenile court.

What happens when property taxes become delinquent?

Once a property tax bill becomes delinquent, the property owner is turned over to the county attorney to try to collect the taxes due on behalf of the county and state. In an attempt to collect the delinquent taxes, county attorneys send written notices to those who have neglected to pay.

What is criminal case?

Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime).

What is family court?

Family cases are a type of civil case, but they generally involve issues between or concerning spouses, parents, and children. Family courts handle a wide variety of cases involving domestic matters. The most common issues handled at family court include:

Can a man be declared the father of a child?

Paternity and Child Custody. When a man needs to be declared the father of a child, either parent can file a case asking the family court to determine paternity. This permanently establishes the father of the child. Unmarried parents can also ask the court to order legal custody, physical custody, visitation schedules, and child support.

What happens if you don't have parental rights?

If there are serious reasons why a parent should no longer have a parental relationship with a child (such as abandonment, neglect, abuse, etc.), the family court may terminate that parent’s rights.

Does Family Law Self Help Center provide criminal information?

The Family Law Self-Help Center does not provide information or forms for criminal cases. You should not use the information on this website if you are involved in a criminal matter. To learn more about criminal matters, visit your local law library. Visit our Law Library page to learn more.

What is the role of a county attorney?

To provide leadership on legal and public policy issues related to the duties of county attorneys; To enhance communication and cooperation between county attorney s and the judiciary, county government, the bar, and other public and private organizations concerned with the administration of justice; To foster professionalism and competency by ...

Why is a county attorney important?

The county attorney plays an important role in seeking new laws to strengthen law enforcement, criminal justice, child protection, victim's rights, and other areas. The county attorney also participates in efforts to prevent or reduce crime in the local communities and statewide.

How many counties are there in Minnesota?

In each of Minnesota's 87 counties, a county attorney is elected to handle numerous criminal and civil legal responsibilities. Following is a brief description of the duties of the county attorney and the county attorney's relationship to the county board.

What is the job of a county attorney in Minnesota?

The county attorney primarily prosecutes felony crimes (crimes which carry a maximum penalty of more than one year in prison) which occur within a county . Examples of these crimes include murder, sexual assault, drug offenses, serious property offenses, and child abuse. Misdemeanors and gross misdemeanors (crimes which carry a maximum penalty of less than one year) are the primary responsibility of city attorneys in some metropolitan and greater Minnesota areas, but may also be prosecuted by county attorneys. Prosecution may involve reviewing the investigation of law enforcement officers, filing criminal complaints, presenting cases before a grand jury, representing the state in court hearings and trial, and making sentencing recommendations.

What is the maximum penalty for a misdemeanor in Minnesota?

Misdemeanors and gross misdemeanors (crimes which carry a maximum penalty of less than one year) are the primary responsibility of city attorneys in some metropolitan and greater Minnesota areas, but may also be prosecuted by county attorneys.

What is a child in need of protection?

The county attorney initiates CHIPS (Child in Need of Protection or Services) petitions to protect abused or neglected children in the county. The county attorney starts legal proceedings to protect the health and safety of vulnerable adults within the county when they are in need of assistance. The county attorney also files involuntary commitment actions to provide necessary treatment for individuals who are mentally ill, chemically dependant, or mentally retarded. When a family is receiving public assistance, the county attorney brings actions to obtain or enforce child support obligations, or to establish the paternity of a child, in order to obtain reimbursement for assistance and other costs to the taxpayers. Parents not receiving federal or state monetary assistance may also apply for and receive these child support enforcement or paternity establishment services county attorney at minimal cost.

Can a juvenile be convicted as an adult?

Due to public safety concerns, for more serious offenses the county attorney may ask the Court to certify a juvenile to stand trial as an adult. Upon conviction, the juvenile could then receive all potential adult sanctions, including a prison sentence.

What is a misdemeanor case?

A misdemeanor is defined as a crime that is punishable by a fine and by a term of imprisonment not be served in a penitentiary and not to exceed one year; a crime that carries a less severe punishment than a felony.

What is juvenile division?

The juvenile division has jurisdiction over all delinquent minors who, prior to their 17th birthday, have violated a federal or state law or municipal ordinance other than traffic, fishing, boating, and game law violations. Juvenile records are confidential and cannot be viewed by the general public.

Which amendment requires the government to compensate the owner of property taken by eminent domain?

The 5th amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain. The family division handles cases dealing with determining paternity of children, establishing child support for children of unmarried parents, and determining custody of children.

What is a civil court case?

Landlord/tenant issues. Civil courts handle disputes arising between landlords and tenants. Cases where a landlord is trying to evict a tenant from a rental property or a tenant has moved out and is suing a landlord for the return of a security deposit are examples.

What is criminal case?

Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime).

How to file a civil lawsuit?

Most civil lawsuits can be divided into the stages listed below: 1 Pre-filing. During the pre-filing stage, the dispute arises and the parties make demands, try to negotiate a resolution, and prepare for the possibility of a court action. 2 Initial pleading. During this stage, one party files papers (called a "complaint") to start the court action, and the other party files some type of response (an "answer" or maybe a "motion"). 3 Discovery. During the discovery stage, both sides exchange information and learn about the strengths and weaknesses of the other side's case. 4 Post discovery/pre-trial. In this stage, the parties start preparing for trial; they get their evidence and witnesses in order, they might engage in some type of settlement conference, and they may file motions with the court to resolve the case or limit the issues for trial. 5 Trial. During this stage, the case is actually heard by the judge or a jury (which could last for a couple of hours or a couple of months, depending on the complexity of the case); witnesses are examined, evidence is presented, and the case is eventually decided and a judgment entered. 6 Post-trial. During the post-trial stage, one or both of the parties might appeal the judgment that was entered at trial, or the winning party might try to collect the judgment that was entered.

What is settlement in a case?

Settlement often involves the payment of money and can even be structured to result in an enforceable judgment.

What does it mean when the judge decides which side wins?

In most civil cases, the judge or jury has to make a decision about which side wins based on a standard called "preponderance of the evidence." This means that the winner's side of the story is more probably true than not true. It does not mean that one side brought in more evidence than the other side. It means that one side's evidence was more convincing than the other's.

What is an equitable claim?

Equitable claims. An "equitable claim" asks the court to order a party to take some action or stop some action.

What are the stages of civil litigation?

Stages Of A Civil Case. Most civil lawsuits can be divided into the stages listed below: Pre-filing. During the pre-filing stage, the dispute arises and the parties make demands, try to negotiate a resolution, and prepare for the possibility of a court action. Initial pleading.

What is a county prosecutor?

A county prosecutor works for his or her local government in the United States and is either elected or appointed to that position. While there are similar jobs in other countries, such as a Crown attorney in Canada and chief prosecutor in France, a county attorney is specific to the US.

Who handles juvenile cases?

In most instances, the county prosecutor handles all felony cases in the county for which he or she works, and, in smaller counties, he or she may handle all legal cases. Even if he or she does not try smaller legal cases, he or she may prosecute most or all juvenile cases, which include any charges against a minor citizen in his or her county.

What is the job of a lawyer?

The primary job of this type of lawyer is to prosecute citizens of the county who are believed to have broken the local laws. He or she will typically decide which cases will go before a judge, and work with local law enforcement to gather evidence and try cases against a citizen.